A violation of probation means that an offender failed to comply with one or more of the conditions of his/her probation.
In practice, the violation can be anything from failure to maintain curfew or attend a probation visit, to committing new criminal offenses.
To initiate the violation of probation, (VOP), an affidavit of violation is filed and warrant is issued for the person's arrest. Once arrested the individual will remain in custody until the issue of bond can be addressed.
It is the State's burden to prove that the offender violated probation; however, the offender can be compelled to testify in these proceedings.
Violations can have significant impact, and subject the individual to the maximum penalty of the underlying offense.
An experienced criminal defense attorney can be beneficial in evaluating the alleged violation, determining the sufficiency of the evidence, challenging the evidence, and if necessary, presenting mitigating evidence on an offender's behalf.
There are often legal issues to consider such as:
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